Sieber v. Benton et al

Filing 12

ORDER APPROVING AND ADOPTING 6 PROPOSED FINDINGS AND RECOMMENDED PARTIAL DISPOSITION in its entirety; allowing Mr. Sieber to proceed with his claims against defendant Jason Benton for excessive force and failure to protect; dismissing all other cla ims and defendants without prejudice; directing the Clerk to prepare a summons for Mr. Benton; directing the U.S. Marshal to serve the summons, 5 Substituted Complaint, and this Order on Mr. Benton without prepayment of fees and costs or security therefore; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 03/23/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
AUSTIN LEE SIEBER,
ADC #654331
v.

PLAINTIFF
Case No. 1:14-cv-00055 KGB/JTR

JASON BENTON, Corporal,
Independence County Detention Center, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 6). Plaintiff Austin Lee
Sieber has filed no objections. After careful review, this Court hereby approves and adopts in its
entirety the Proposed Findings and Recommended Partial Disposition.
It is therefore ordered that:
1.

Mr. Sieber may proceed with his claims against defendant Jason Benton
for excessive force and failure to protect that allegedly occurred on March
27, 2014.

2.

The Court dismisses all other claims and defendants without prejudice.

3.

The Court directs the Clerk to prepare a summons for Mr. Benton. The
Court also directs the U.S. Marshal to serve the summons, Substituted
Complaint (Dkt. No. 5), and this Order on Mr. Benton without prepayment
of fees and costs or security therefore.1

1

If defendant Jason Benton is no longer an Independence County employee, the
individual responding to service must file a sealed statement providing Mr. Benton’s known
private mailing address.

4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma
pauperis appeal from this Order would not be taken in good faith.

SO ORDERED this 23rd day of March, 2015.

_______________________________
Kristine G. Baker
United States District Judge

2